Required Notices for Terminating Employees in California

These lists of notices are grouped by federal requirements and California requirements.

There are other additional documents which may be recommended or required under specific circumstances, such as an employee separation agreement. Please consult with an employment law attorney before determining which notices and documents should be used in any particular situation.

Federal Requirements

For employers with 20 or more employees, the Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers to provide an election notice to employees who are enrolled in the employer’s group health plan.This notice may be obtained from the employer’s health insurance provider.

For certain employers with 100 or more employees, the Worker Adjustment and Retraining Notification (WARN) Act, mandates that notices be sent out to employees 60 days prior to termination in the event of mass layoffs or plant closings.
The IRS requires notice to terminated employees within certain time frames for the purpose of advising the employees with regard to retirement benefits, if any.

California Requirements

The California Employment Development Department (EDD) requires employers to provide their published unemployment benefits pamphlet, For Your Benefit, DE 2320, to all discharged or laid off employees on or by the date of termination or layoff.
California Unemployment Insurance Code §1089 requires employers to provide a written Notice to Employee as to Change in Relationship to all discharged or laid off employees upon termination. No written notice is required if the employee voluntary quits, is promoted or demoted, experiences a change in work assignment or location, or if work ceases due to a trade dispute.
The Department of Health Care Services requires employers with 20 or more employees to provide a Notice to Terminating Employees, DHCS 9061, to certain employees covered under the Health Insurance Premium Payment (HIPP) program.

Employers with 2-19 employees (and employers whose employees are initially covered by federal COBRA laws when their 18 months of COBRA coverage expires) must notify any covered, terminated employees of their Cal-COBRA continuation rights. An employer’s health insurance provider may provide such notices.

California Labor Code §2808(b) requires employers to provide notification to employees of all disability extension and conversion coverage options under any employer-sponsored plan under which the employees may remain eligible following termination of employment.

For certain employers with more than 100 employees, the California Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide written notice to affected employees at least 60 days in advance of any plant closing or mass layoff.

AUTHOR: Gehres Law Group, P.C.

Copyright Gehres Law Group, P.C.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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